Ganapathy, S/O Thirikooda v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.[MD].No.8609 of 2013 and M.P.No.1 of 2013 Ganapathy : Petitioner Vs.

1.The Commissioner, HR & CE Department, Uthamar Gandhi Salai, Chennai 34.

2.The Joint Commissioner, HR & CE Department, Trivandrum Road, Palayamkottai, Tirunelveli.

3.A/M.Thenpalani Aandavar Temple, West Avani Moola Street, Tenkasi, Rep by Executive Officer, A/M.Kasi Viswanatharswamy Temple, Tenkasi.

4.Thiru Sankarran : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the illegal constructions made by the fourth respondent in the North Eastern Corner [Esanya Moolai] of A/M.Thenpalani Aandavar Temple, to an extent of 20ft X 25 ft, within a time frame to be fixed by this Court.

For Petitioner : Mr.T.S.R.Venkataramana For Respondents 1&2 : Mr.VR.Shanmuganathan Special Government Pleader For Respondent No.3 : Mr.C.Mayil Vahana Rajendran For Respondent No.4 : Mr.V.Sankaranarayanan

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] This Writ Petition has been filed to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the illegal constructions made by the fourth respondent in the North Eastern Corner [Esanya Moolai] of A/M.Thenpalani Aandavar Temple, to an extent of 20 X 25 feet.

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2. Today, when the Writ Petition is taken up for consideration,

illegal construction made by the fourth respondent in the North Eastern Corner [Esanya Moolai] of A/M.Thenpalani Aandavar Temple, to an extent of 20 X 25 feet has been removed.

3. However, the learned Special Government Pleader for the respondents 1 and 2 would submit that it is not correct to state that the construction made by the fourth respondent is illegal one. However, he would submit that the said construction made by the fourth respondent has been removed.

4. In view of the said submission made, recording the same, the Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, HR & CE Department, Uthamar Gandhi Salai, Chennai 34.

2.The Joint Commissioner, HR & CE Department, Trivandrum Road, Palayamkottai, Tirunelveli.

+1cc to Mr.T.S.R.Venkata Ramana,Advocate,SR No.1676 +1cc to Special Government Pleader,SR No 1979 nb ms/rr/me/23.01.2017/2p.5c ORDER MADE IN W.P.[MD].No.8609 of 2013 09.01.2017 https://hcservices.ecourts.gov.in/hcservices/